The case for gender-neutral domestic violence legislation in India

While the Protection of Women from Domestic Violence Act, 2005 has undoubtedly played a crucial role in protecting women from domestic abuse, it is time to consider whether making the legislation gender-neutral could lead to a fairer and more inclusive legal framework.

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EARLIER this year, the Delhi High Court ruled that the safeguards provided by the Protection of Women from Domestic Violence (DV) Act, 2005 do not extend to men.

A single-judge Bench of Justice Jasmeet Singh, in its January 23 Order, while issuing notice to the husband held, "Prima facie it seems in view of Section 2(a), the protection of the Act is not available to a male member of the family, and more particularly the husband."

This case arose from a petition filed by a wife challenging a local court's Order from November 5, 2022, which had summoned her in a legal matter.

The husband had initially initiated proceedings under Section 12 of the DV Act, which pertains to making an application before a magistrate.

The court's judgment clarified that the protection outlined in the Act is not accessible to male family members, particularly husbands, as per the definition of an "aggrieved person" in Section 2(a) of the DV Act.

No country for abused husbands

In a country like India, where a long history of male dominance prevails, it is often challenging for people to accept that men can also suffer from domestic violence, just as women do.

The lack of recognition of domestic violence against men in Indian law primarily stems from this prevailing mindset. However, contrary to common perceptions, the incidence of men experiencing psychological and physical abuse from women is on the rise.

In India's current legal framework, there are no provisions safeguarding men from intimate partner violence. Under the Indian Penal Code of 1860, Section 498A specifically addresses violence against wives, holding men accountable for such actions, but it lacks any corresponding provision for women.

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Likewise, Section 3 of the DV Act exclusively shields women from such violence, leaving men without protection.

This legal disparity can inadvertently perpetuate the presumption of men being the culprits, while women are assumed to be innocent.

According to recent studies in India Indian studies, it was observed that the occurrence of spouse or intimate partner violence stood at 51.5 percent, which was notably greater than the figures obtained in domestic violence research conducted in the US, Canada, and the UK as part of the Partner Abuse State of Knowledge Project (PASK), where it was recorded at 19.3 percent.

The study revealed that men have experienced violence from their wives or intimate partners at least once in their lifetime, with 10.5 percent reporting such incidents within the last 12 months.

Notably, the National Family Health Survey of 2004 indicates that this violence is not exclusively carried out by female partners or wives; in many cases, male relatives of the wife are responsible for attacking or threatening the man.

When considering both physical violence and threats from a wife's relatives, it is estimated that approximately 30 million men in India face domestic violence.

In 2005, the Save Family Foundation and My Nation collaborated on a study. They interviewed approximately 1,650 married men aged 15–49, with participation from information technology engineers and doctors.

The survey followed a format derived from a WHO study on husbands' health and domestic violence. The findings from this study indicated that these men had experienced various forms of violence, including economic violence (32.8 percent), emotional violence (22.2 percent), physical violence (25.2 percent) and sexual violence (17.7 percent).

Conclusion

While the DV Act has undoubtedly played a crucial role in protecting women from domestic abuse, it is time to consider whether making the legislation gender-neutral could lead to a fairer and more inclusive legal framework.

Also read: The Indian domestic violence scenario is chilling

Critics of gender-neutral legislation often express concerns about potential false accusations. While this is a legitimate concern, the legal system is designed to assess the validity of allegations. Gender-neutral laws do not mean the presumption of guilt; rather, they ensure that all accusations are treated fairly and impartially.

India is a signatory to several international conventions and treaties that promote gender equality and the elimination of violence against all individuals. Making domestic violence legislation gender-neutral would align with these international standards and reinforce India's commitment to upholding human rights.

Domestic violence victims, regardless of their gender, should have access to support services, legal aid and resources. A gender-neutral approach would empower victims to seek help, counseling and redress without feeling marginalised or discriminated against based on their gender.

The society's gender dynamics are evolving, with more men actively participating in caregiving roles, households, and relationships. Gender-neutral legislation would reflect these changes.